DENVER-
Prosecutors decided not to file charges Tuesday against another one of the four original suspects in an alleged scheme to steal millions of dollars from the state in bogus tax refunds and other payments.
Kevin Toohig, 38, was arrested two weeks ago on suspicion of theft and criminal conspiracy.
Denver district attorney’s spokeswoman Lynn Kimbrough said prosecutors do not believe they had enough of a case against Toohig to proceed, but she did not rule out the possibility that charges will be filed later.
“I can’t say he’s cleared and we won’t file charges, and I can’t say we will,” Kimbrough said.
Toohig had no listed phone number. He was free on $10,000 bond, which he can retrieve, Kimbrough said.
Toohig was the second person to be dropped from the case. Andre Holliday, 41, was released from jail on May 2 after his arrest on suspicion of theft. Prosecutors said they had obtained information that “does not contradict” his assertion that he did not participate in the thefts.
Two other people remain in custody under $10 million bail each. Michelle Cawthra, 30, faces charges including violating the organized crime act, computer crime, theft, forgery, embezzlement and conspiracy.
Hysear Don Randell, 40, faces charges including violating the organized crime act, conspiracy to commit computer crime, theft, conspiracy to commit theft, forgery and conspiracy to embezzle public property.
Prosecutors allege Cawthra, a supervisor at the state Revenue Department, stole up to $10 million by funneling fraudulent refunds and other payments into accounts controlled by Randell. She has been placed on leave.
